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Borough of Rutherford, NJ
Bergen County
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Table of Contents
Table of Contents
A. 
Absences from duty are classified as "sick leave" or "vacation" and are so noted on the time report.
B. 
Each employee must notify his or her department of any absence from duty. If not possible to do so in advance of the working day, the report should be made by telephone as early as possible on the day the employee will be absent.
A leave of absence without pay may be requested by any employee, who shall submit in writing all facts bearing on the request to his department head, who shall append his recommendations and forward the request to the Borough Council. The Borough Council shall consider each such case on its merits and without establishing a precedent.
The attendance record of each employee shall be carefully reviewed in connection with any evaluation, as well as whenever a possible promotion is being considered.
[Amended 12-15-1959 by Ord. No. 1798; 2-2-1960 by Ord. No. 1800; 2-4-1975 by Ord. No. 2167-75]
All permanent employees shall be granted the following annual leave for vacation purposes with pay:
A. 
All departments except those covered by collective bargaining agreements.
[Amended 9-1-1981 by Ord. No. 2302-81]
Years of Service
Vacation
(working days)
0 - 1
1 for each month of service
1 - 4
13
5 - 9
15
10 - 14
17
15 - 19
19
20 or more
22
B. 
Departments heads.
Years of Service
Vacation
(working days)
0 - 1
1 for each month of service
1 - 4
16
5 - 9
18
10 - 14
20
20 or more
25
C. 
Administrator.
Years of Service
Vacation
(working days)
0 - 1
1 for each month of service
1 or more
20
D. 
Police Department.
[Amended 8-6-1991 by Ord. No. 2613-91; 4-23-2002 by Ord. No. 3004-02; 12-30-2022 by Ord. No. 3627-22]
Vacation
(working days)
Years of Service
Deputy Chief/Captain
Chief
1 - 4
20
22
5 - 9
22
24
10 - 14
24
26
15 - 19
26
28
20 - 24
28
30
25 or more
34
36
E. 
Personal leave.
(1) 
Permanent employees; Police Chief, Deputy Chief, or Police Captain.
[Amended 4-23-2002 by Ord. No. 3004-02; 12-30-2022 by Ord. No. 3627-22]
(a) 
All permanent employees with more than one year of service shall be entitled to three personal days per year which shall be charged against accumulated sick leave, except as stated in § 70-22E(1)(b). Said personal days shall not accumulate from year to year.
(b) 
If the Police Chief, Deputy Chief, or any Police Captain has more than 25 years of service, the three personal days per year granted in § 70-22E(1)(a) shall not be charged against accumulated sick leave. Said personal days shall not accumulate from year to year.
(2) 
Employees must give their department head 24 hours' notice of their intention to take a personal day and must receive approval from the department head to do so.
(3) 
An employee shall not be required to advise his superior of the reason for the personal leave day.
(4) 
Personal leave time shall be granted in units of not less than four hours for each occasion.
When in any calendar year, the vacation or any part thereof is not granted by reason of pressure of municipal business, such vacation periods not granted shall accumulate and shall be granted during the next succeeding year only.
[Added 12-20-1960 by Ord. No. 1819; amended 9-1-1981 by Ord. No. 2302-81; 7-24-2018 by Ord. No. 3469-18]
A. 
In addition to the vacation periods contained in this article, all Borough employees, upon regular retirement, or disability retirement, shall be entitled to service payout for accumulated sick days as follows:
[Amended 10-11-2023 by Ord. No. 3670-23]
(1) 
All employees governed by the collective bargaining agreement in effect at the time of retirement or by any individual agreement between the employee and the Borough, subject to the restrictions set forth in Subsection A(3) below.
(2) 
All employees performing departmental management duties will be governed by the collective bargaining agreement of the Department Head Union in effect at the time of retirement or by any individual agreement between the employee and the Borough, subject to the restrictions set forth in Subsection A(3) below.
(3) 
In accordance with N.J.S.A. 40A:9-10.3 and N.J.S.A. 40A:9-10.4, all employees shall be permitted, only upon retirement or disability retirement (as defined by New Jersey law), a sum of money as established below. Department heads hired after June 8, 2007, (implementation date of N.J.S.A. 40A:9-10.3) and all employees (regardless of union affiliation) hired after May 21, 2010, (implementation date of N.J.S.A. 40A:9-10.4) shall receive no more than $15,000 in paid sick leave at the time of retirement compensation for unused accumulated sick leave at the time of retirement.
B. 
Health plan for retirees.
(1) 
All employees performing clerical and/or administrative duties will be afforded health benefits upon retirement as set forth in the collective bargaining agreement of the White Collar Union in effect at the time of retirement or by any individual agreement between the employee and the Borough.
(2) 
All employees performing departmental management duties will be afforded health benefits upon retirement as set forth in the collective bargaining agreement of the Department Head Union in effect at the time of retirement or by any individual agreement between the employee and the Borough.
(3) 
Unless otherwise set forth in the respective collective bargaining agreements with the White Collar and Department Head Unions or within any individual agreement between the employee and the Borough, coverage is restricted to the employee and the employee's spouse.
(4) 
Unless otherwise set forth in the respective collective bargaining agreements with the White Collar and Department Head Unions or within any individual agreement between the employee and the Borough, all such coverage to the employee and the employee's spouse shall terminate when the employee reaches Medicare eligibility as determined by the Social Security Administration.
(5) 
Unless otherwise set forth in the respective collective bargaining agreements with the White Collar and Department Head Unions or within any individual agreement between the employee and the Borough, no coverage will be provided where the employee or spouse has coverage through another health plan, and the employee must certify annually that said employee and/or spouse does not have coverage through another health plan.
C. 
The benefits provided by this section shall apply only to employees retiring on or after November 1, 2018.
If an official holiday occurs during an employee's authorized vacation, he will be entitled to an additional vacation day in lieu of the holiday.
[Added 5-16-1961 by Ord. No. 1831]
In calculating an employee's years of service for vacation purposes, each employee shall be given credit for a full year of service for the current calendar year.
[Added 9-1-1981 by Ord. No. 2302-81]
All employees not covered by collective bargaining agreements shall be entitled to a fully paid family dental plan covering employees and their dependents effective on and after August 1, 1982. The specific plan implemented will be at least equivalent to that given to the organized bargaining units.
Department heads are responsible for so allocating individual vacation days or weeks that the activities of the borough will be carried on with a minimum of delay or inconvenience. Insofar as is possible, the employee with the longest continuous service shall have preference in the assignment of vacation periods.
As it is the policy of the borough that all employees receive the maximum benefit from their vacation, not over five days of vacation can be taken on the basis of one or two days at a time, and then only with approval by the department head.
[Added 12-15-1959 by Ord. No. 1798; amended 5-16-1961 by Ord. No. 1831]
All department heads shall file in writing with the Mayor and Council, on or before August 1 of each year, a vacation schedule, as complete as possible, for the current year for all employees in their departments. Thereafter, monthly reports shall be filed showing the balance of the vacations and any necessary adjustments made in the originally filed report.
Unless specifically authorized by the Borough Council in advance, extra compensation shall not be allowed in lieu of unused vacation, as it is desired that each employee take advantage of the annual vacation period for health, rest, relaxation and pleasure.
A. 
"Sick leave" is defined to mean absence from post of duty of an employee because of illness, accident, exposure to contagious disease, attendance upon a member of the employee's immediate family seriously ill requiring the care or attendance of such employee or absence caused by death in the immediate family of such employee. A certificate of a reputable physician in attendance may be required as sufficient proof of need of leave of absence of the employee or the need of the employee's attendance upon a member of the employee's immediate family. In case of leave of absence due to a contagious disease, a certificate from the Department of Health shall be required.[1] In case of death in the family of the employee, any reasonable proof required by the department head shall be sufficient.
[1]
Editor's Note: For regulations governing control and reporting of communicable diseases, see Ch. 80, Sanitary Code, Article VIII.
B. 
The department head may require an examination by a physician, selected by him from a list of physicians approved by the governing body for that purpose, or an employee being absent from his post because of illness with respect to the need of a leave of absence.
[Added 8-2-1960 by Ord. No. 1810]
C. 
Every permanent employee in the certified service of the municipality shall, in addition to his or her annual vacation leave with pay, be granted sick leave as hereinbefore defined, with pay of not more than one working day for every month of service during the remainder of the first calendar year of service following permanent appointment; 15 working days in any calendar year thereafter. If any such employee required none or only a portion of such allowable sick leave for any calendar year, the amount of such leave not taken shall accumulate to his or her credit from year to year, and such employee shall be entitled to such accumulated sick leave of absence with pay if and when needed.
[Amended 5-6-1958 by Ord. No. 1741]
In case an employee is disabled, either through injury or illness as a result of or arising from his employment, as evidenced by the certificate of a responsible physician, he shall be granted a period of 30 days' leave with full pay before the sick leave hereinbefore specified shall begin. Such thirty-day initial period shall be granted each time an employee is disabled. Should further additional leave be necessary, because of accident or sickness incurred in line of duty, the department head or municipal body or commission directing the activities of such employee shall report the same in writing to the Council, together with all pertinent facts, and the Council may grant such additional leave up to a total of one year. Upon receipt of such report in the Borough Clerk's office from the said department head or municipal body or commission, the designated certifying officer under the Public Employees Retirement System shall forthwith inform said System of the same in the form and manner required by it.
A. 
Payments made to any employee while on sick leave as compensation insurance shall be deducted from the amount to be paid the employee by the borough during such time as he is carried on the borough payroll.
B. 
In all cases of sick leave, the employee shall submit to examination by a physician appointed by the borough and, whenever such physician shall report in writing that the employee is fit for duty, such sick leave shall terminate.
C. 
One-half of a work day shall be the smallest unit to be considered in computing sick leave used.
D. 
Sick leave cannot be allowed for ordinary dental care nor for the services of an oculist for normal eye care, as such professional services are readily available outside of normal working hours.
E. 
Nothing herein contained shall be considered to be in derogation of, or restrictive of, any statute now in effect limiting the period during which municipal employees may be compensated for leave on account of disability or of illness (such as N.J.S.A. 40:11-8 and 40:11-9) but these provisions are to be construed and administered in conjunction therewith.